9911796707
TMI Blog2020 (12) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... re that Appellate Authority, but has instead filed this Writ Petition challenging the order passed by the Respondent - HELD THAT:- There is no acceptable explanation from the Petitioner for not having resorted to that alternative remedy provided under the statute. Hon'ble Supreme Court of India in ASSISTANT COLLECTOR OF CENTRAL EXCISE, CHANDAN NAGAR VERSUS DUNLOP INDIA LIMITED AND OTHER [ 1984 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .m. 2. Heard Mr. V.Sundareswaran, Learned Standing Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 3. The Respondent by Order-in-Original No.615/2016-AIR, dated 29.06.2016 had passed an order for confiscating goods under the provisions of the Customs Act, 1962 (hereinafter referred to as 'the Act' for short). The sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to that alternative remedy provided under the statute. In this context, it must be recapitulated here that the Hon'ble Supreme Court of India in Assistant Collector of Central Excise -vs- Dunlop India Limited [(1985) 1 SCC 260] has succinctly explained the legal position relating to the exercise of discretionary powers under writ jurisdiction as follows:- 3. Article 226 is not meant to sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aining interim orders and thereafter prolong the proceedings by one device or the other. The practice certainly needs to be strongly discouraged. Having regard to that legal position, this Court does not express any view on the correctness or otherwise on the merits of the controversy involved in the matter. In the result, the Writ Petition, which cannot be entertained, is dismissed. No costs. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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